Wolf v. Haslach

• Court: Supreme Court of Nebraska
• Writing for the Court: PER CURIAM.
• Citation: 91 N.W. 283,65 Neb. 303
• Parties: WOLF v. HASLACH ET AL.
• Decision Date: 01 July 1902

65 Neb. 303
91 N.W. 283

WOLF
v.
HASLACH ET AL.

Supreme Court of Nebraska.

July 1, 1902.

Syllabus by the Court.

1. A bill of sale of a reversionary interest in funds belonging to an estate, which recites a consideration of $1, does not prevent evidence by parol that the real consideration was that the assignee should hold the funds on the same terms and for the same purposes as an executor had previously done.

2. As between the parties, and in the absence of fraud, an agreement creating a trust in chattel property need not be in writing.

Commissioners' opinion. Department No. 1. Appeal from district court, Platte county; Hollenbeck, Judge.

Action by Emma E. Wolf against Josephine Haslach and others. Judgment for plaintiff. Defendant Josephine Haslack appeals. Affirmed.

[91 N.W. 283]

McAllister & Cornelius, for appellant.

Reeder & Hobart, for appellee.

HASTINGS, C.

This case is an appeal from a decree of the district court of Platte county perpetually enjoining defendant Josephine Haslach from collecting or attempting to collect from Theodore Wolf $3,000, and interest from June 4, 1900, and enjoining Theodore Wolf from paying it to her. The decree also appointed Hans S. Elliott trustee of the fund in the hands of Theodore Wolf, and authorized him to collect it from Theodore Wolf, with 6 per cent. per annum interest from January 4, 1900, and invest it to the best advantage, and pay the interest to Mrs.

[91 N.W. 284]

Haslach during her life, and at her death pay the principal to the plaintiff. The trustee was empowered to use $66.66 annually of the principal, if necessary, to maintain Mrs. Haslach. The trustee was required to give bond, and costs were taxed to Josephine Haslach, and she excepted and appeals from the decree.

At some time prior to 1888, Max Haslach died in Mercer county, N. J., and bequeathed his household furniture to Josephine Haslach, his widow. The rest of his property he left to his executor; the income to be paid to the widow semiannually, and on her death or remarriage to go to the testator's three children in equal shares. If the income was insufficient to support the widow in comfort, then not to exceed $200 per annum might be applied for that purpose. The children seem to have removed to the West in 1888 or before. In that year Mrs. Haslach visited them in Iowa. Her son-in-law Theodore Wolf proposed to pay her 7 per cent. per annum for her money. There was $3,000 bearing 6 per cent. in New Jersey, and $3,000 bearing 5 per cent. interest, and a house worth about $3,000. The latter was sold later for $2,800. In 1888 the following assignment was executed by the three children and their husbands: “Know all men by these presents that we, Henry M. Haslach and Mary E. Haslach, his wife, of the town of Lyons, county of Clinton, and state of Iowa, Theodore Wolf and Emma M. Wolf, his wife, of the town of Creston, in the state of Nebraska, and William Henry Beck and Josephine Beck, his wife, of the city of Trenton, in the county of Mercer, and state of New Jersey, in consideration of one dollar, lawful money of the United States, to us paid before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have sold, assigned, transferred, and set over unto Josephine Haslach, of the city of Trenton aforesaid, all our right, title, and interest in and to the estate, both real and personal, of Max Haslach, deceased, to which we, or either...